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Borough of Shippensburg, PA
Cumberland County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
This article outlines the procedures for enforcement and amendment of this chapter, as well as procedures for challenges and appeals of decisions rendered under this chapter.
Amendments to this chapter shall become effective only after public notice is given and public hearing is held pursuant to public notice in the manner prescribed for enactment of a proposed ordinance in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 and as subsequently amended.
A. 
When a plan, whether preliminary or final, has been approved subject to conditions and when the applicant rejects the conditions, the applicant shall so notify the borough in writing within 30 days of the date of the borough's action. Such notification of rejection of the conditions of approval shall serve to automatically rescind the approval of the plan.
B. 
Failure by the applicant to notify the borough of acceptance or rejection of the conditions of approval within the time so specified shall serve to automatically rescind approval of the plan.
A. 
Review by borough. The provisions of these regulations are intended as a minimum standard for the protection of the public health, safety and welfare. If the literal compliance with any mandatory provision of these regulations is shown by the applicant, to the satisfaction of a majority of the members of the borough present at a public meeting, to be unreasonable and to cause undue hardship because of peculiar conditions pertaining to the particular property and if the applicant shows that an alternative proposal will allow for equal or better results, the borough may grant a waiver from such mandatory provision, so that substantial justice may be done and the public interest secured while permitting the reasonable utilization of the property. However, the granting of a waiver shall not have the effect of making null and void the intent and/or purpose of this chapter.
B. 
Authority to impose conditions. In granting waivers, the borough may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
C. 
Procedures for processing waivers. All requests for waivers shall be processed in accordance with the requirements of this chapter.
A. 
Right to appeal. Any person aggrieved by a finding, decision or recommendation of the borough with respect to the approval or disapproval of a plan or waiver request may appeal as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968 and as subsequently amended.
B. 
Mediation. As an alternative to an adjudicatory appeal proceeding, a party entitled to appeal a decision of the borough may request the utilization of mediation as an aid in resolving the dispute. Participation in mediation shall be wholly voluntary by the parties and shall be conducted as prescribed in Article IX of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 and as subsequently amended.
A. 
Any person, partnership or corporation who or which, being the owner or agent of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon or who or which sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development, or to erect any building thereon, unless and until such is in full compliance with the provisions of this chapter as provided herein, shall, upon being found in violation of the requirements of this chapter by a District Justice in a civil enforcement proceeding, pay a judgment not exceeding $500, plus all court costs, including reasonable attorney fees.
B. 
The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferror from such penalties or from the remedies therein provided.
C. 
Authority to initiate court actions. In addition to the penalties imposed in the event of violations, the borough may also institute and maintain appropriate legal proceedings in law or in equity before any court of competent jurisdiction to restrain, correct or abate violations, including but not limited to requiring compliance with all applicable provisions of this chapter, including the requirement of submitting the plans in compliance with the provisions of this chapter to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises.
D. 
Recordation prohibited prior to borough approval. No deeds shall be executed or recorded for lots, nor shall the construction of any structure be initiated, before the borough has approved the final plan and such plan is filed with the Cumberland or Franklin County Recorder of Deeds.
E. 
Notice of violation. Upon discovery of an alleged violation, the borough shall notify the municipality in which the affected property is located of the unlawful action and may request, pursuant to Section 515.1 of the Pennsylvania Municipalities Planning Code, as subsequently amended, that the municipality refuses to issue any permit or grant any approval necessary to further improve or develop any real property held in violation of the requirements of this chapter.
F. 
Abatement of violations prior to additional plan approvals. No approval shall be granted to any subsequent phases of a development until all outstanding violations are abated and the project is in full compliance with the standards and conditions of this chapter.
The borough shall keep an accurate public record of its findings, decisions and recommendations relevant to all applications filed with it for review or approval.
Should any section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of this chapter as a whole or of any other part thereof.
A. 
Whenever there is a difference between the minimum applicable standard specified herein and those included in other applicable municipal regulations, the more stringent requirement shall apply.
B. 
The Borough of Shippensburg Subdivision and Land Development Ordinance of 1964, as amended, is hereby repealed in total; provided, however, that the repeal shall in no manner be construed as a waiver, release or relinquishment of the right to initiate, pursue or prosecute, as the case may be, any proceeding at law or in equity, including criminal proceedings, pertaining to any act done which would have constituted a violation of the Borough of Shippensburg Subdivision and Land Development Ordinance of 1964 or its applicable predecessor ordinances and regulations and all provisions of said repealed ordinances shall remain in full effect and force and not repealed hereby, as they pertain to said acts.